GUNVALSON et al v. PTC THERAPEUTICS, INC.

Filing 5

MOTION for Preliminary Injunction by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). (Attachments: # 1 Brief of Plaintiffs in Support of a Preliminary Injunction, # 2 Declaration of Cheri Gunvalson, # 3 Declaration of Dr. John Parkin, # 4 Declaration of Mike Hatch, # 5 Declaration of Jakob B. Halpern, # 6 Text of Proposed Order for a Preliminary Injunction, # 7 Certificate of Service)(WOLIN, MARC)

GUNVALSON et al v. PTC THERAPEUTICS, INC.

Doc. 5

Marc E. Wolin ([e-mail]) Jakob B. Halpern ([e-mail]) SAIBER LLC One Gateway Center Newark, N.J. 07102 Telephone: [phone] Facsimile: [phone] Michael A. Hatch ([e-mail]) BLACKWELL BURKE P.A. 431 South Seventh Street, Suite 2500 Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JACOB GUNVALSON, CHERI AND JOHN GUNVALSON, AS GUARDIANS FOR JACOB GUNVALSON, AND CHERI AND JOHN GUNVALSON, INDIVIDUALLY, Plaintiffs, v. PTC THERAPEUTICS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 08-3559 (WJM) (MF) NOTICE OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION DOCUMENT FILED ELECTRONICALLY

RETURN DATE to be set by the Court

TO: PTC Therapeutics, Inc. 100 Corporate Court South Plainfield, N.J. 07080

Dockets.Justia.com

PLEASE TAKE NOTICE that on a date and time to be set by the Court, plaintiffs Jacob Gunvalson, Cheri and John Gunvalson, as guardians for Jacob Gunvalson, and Cheri and John Gunvalson, individually (collectively, "Plaintiffs") shall appear before the Honorable William J. Martini, U.S.D.J., King Federal Building & U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07101, and shall move this Court for entry of a Preliminary Injunction enjoining defendant PTC Therapeutics, Inc. from refusing to permit Jacob Gunvalson access to PTC124 and enjoining defendant PTC Therapeutics, Inc. from refusing to permit Jacob Gunvalson entry into the PTC124 Phase IIa trial extension being administered by Dr. Brenda Wong at Cincinnati Children's Hospital as a protocol exception; or alternatively, enjoining defendant PTC Therapeutics, Inc. from refusing to permit Jacob Gunvalson to participate in a single patient IND pursuant to 21 C.F.R. §312.34. PLEASE TAKE FURTHER NOTICE that in support of their Motion, Plaintiffs shall rely upon their Brief, the Declarations of Cheri Gunvalson, Mike Hatch, Dr. John Parkin and Jakob B. Halpern, submitted concurrently herewith, the Verified Complaint, and any Reply papers submitted, and oral argument, if any, which is

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specifically requested by Plaintiffs. A proposed form of Order is also submitted for the Court's consideration. Respectfully submitted, SAIBER LLC Attorneys for Plaintiffs _/s/ Marc. E. Wolin____________ Marc E. Wolin ([e-mail]) Jakob B. Halpern ([e-mail]) One Gateway Center, 13th Floor Newark, NJ 07102 Tel: [phone] Michael A. Hatch ([e-mail]) BLACKWELL BURKE P.A. 431 South Seventh Street, Suite 2500 Minneapolis, MN 55402 Tel: [phone] Dated: July 28, 2008

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